Establishing a living trust and children’s inheritance plan in Western countries requires careful adherence to Islamic laws of inheritance (Mawarith). Many Muslim parents wish to set up trusts to protect their assets but often face confusion regarding Shari’ah restrictions on delaying distribution, the eligibility of extended relatives, and the status of joint property.

This article addresses whether parents can withhold inheritance until children reach a certain age, who inherits when there are male children, and how to handle joint titles when one spouse did not financially contribute.

Can Inheritance Be Delayed by Age?

A common question parents ask is whether they can control their children’s inheritance until they reach a more mature age, such as 25, 30, or 35, or distribute it in installments.

According to Shari’ah, this is not permissible. The fundamental rule of Islamic inheritance is that heirs become the rightful owners of their shares immediately at the moment of the deceased’s death. The deceased does not have the authority to limit the rights of the heirs or delay their ownership. Any condition in a will or trust that prevents an adult, sane heir from accessing their wealth is considered invalid in Shari’ah.

Who Inherits? The Rule of Blocking

When creating a trust, it is essential to know who is eligible to inherit.

  • Siblings: Brothers and sisters of the deceased do not inherit anything as long as there are male children (sons) or male descendants of sons. The presence of a son blocks the deceased’s siblings from the inheritance.
  • Mothers: A mother is a fixed heir. She inherits one-sixth (1/6) of the estate if the deceased has children or grandchildren. If there are no children, grandchildren, or multiple siblings, her share increases to one-third.

Therefore, in a scenario where a husband dies leaving behind a wife, sons, and a sister, the sister receives nothing because the sons block her.

The Issue of Joint Ownership

In many marriages, assets (like houses or bank accounts) are recorded in both names (joint tenancy) to make life easier, even if one spouse (e.g., the wife) never worked or contributed financially.

From a Shari’ah perspective, recording property in the wife’s name is legally considered a gift (Hibah) from the earning spouse to the non-earning spouse. This means she effectively owns half.

However, if this was not intended as a gift but strictly done for administrative convenience, and the couple believes the property belongs solely to the husband, this must be clarified legally. To ensure the inheritance is calculated correctly (i.e., distributing the husband’s full assets rather than just half), the couple should notarize a document clarifying the true ownership and include this within the living trust.

Simultaneous Death

In the tragic and rare event that the entire immediate family (parents and children) dies simultaneously (e.g., in an accident) and it cannot be determined who died first, they do not inherit from one another. In this case, the wealth would pass to the surviving extended relatives, such as the parents’ siblings (uncles and aunts) and grandparents, according to the standard rules of Mawarith.